Toyota Motor Corporationv.Innovative Display Technologies, LLC

Patent Trials and Appeals Board

May 29, 2015

10298367 - (D) (P.T.A.B. May. 29, 2015)

Trials@uspto.gov Paper 9
571-272-7822 Entered: May 29, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
TOYOTA MOTOR CORPORATION,
Petitioner,
v.
INNOVATIVE DISPLAY TECHNOLOGIES LLC,
Patent Owner.
_______________

Case IPR2015-00828
Case IPR2015-00829
Case IPR2015-00831
Case IPR2015-00832
Case IPR2015-00834
Case IPR2015-00835
Case IPR2015-00843
Case IPR2015-00855
Case IPR2015-00857
Case IPR2015-00895
Case IPR2015-00896
Case IPR2015-00897
_________

Before MIRIAM L. QUINN, LORA M. GREEN, and THOMAS L.
GIANNETTI, Administrative Patent Judges.

GIANNETTI, Administrative Patent Judge.

Case IPR2015-00828 Case 2015-00834 Case 2015-00857
Case IPR2015-00829 Case 2015-00835 Case 2015-00895
Case IPR2015-00831 Case 2015-00843 Case 2015-00896
Case IPR2015-00832 Case 2015-00855 Case 2015-00897

2

JUDGMENT
Termination of Proceedings
37 C.F.R. § 42.72

On May 26, 2015, the parties filed a joint motion to terminate each of
these proceedings pursuant to a settlement agreement. Paper 6.
1
The parties
also filed true copies of their written settlement agreement, made in
connection with the termination of these proceedings, in accordance with 35
U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1012. Additionally, the
parties submitted joint requests to have their settlement agreement treated as
confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R. §
42.74(c). Paper 7. At the request of the panel, the parties also filed the
order of the district court, dismissing the related district court case against
Petitioner. Exhibit 1013.
These proceedings are in the preliminary stage. The Board has not
determined whether trial will be instituted. Further, the deadline to file a
patent owner preliminary response is almost a month away, and no motions
are pending. The parties submit that termination is appropriate because the
parties have settled their dispute, and the Board has not entered a decision
regarding institution. Paper 6, 5.
Upon consideration of the requests before us, we determine that
terminating these proceedings with respect to both Petitioner and Patent
Owner, at this early juncture, promotes efficiency and minimizes

1
Paper and exhibit numbers refer to Case IPR2015-00828. Corresponding
motions and settlement agreements were filed in each of the other cases.
Case IPR2015-00828 Case 2015-00834 Case 2015-00857
Case IPR2015-00829 Case 2015-00835 Case 2015-00895
Case IPR2015-00831 Case 2015-00843 Case 2015-00896
Case IPR2015-00832 Case 2015-00855 Case 2015-00897

3
unnecessary costs. Based on the facts of these cases, it is appropriate to
enter judgment terminating the proceedings without rendering a final written
decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
Accordingly, it is:
ORDERED that the joint motions to terminate the following cases are
granted: Case IPR 2015-00828; Case IPR 2015-00829; Case IPR 2015-
00831; Case IPR 2015-00832; Case IPR 2015-00834; Case IPR 2015-
00835; Case IPR 2015-00843; Case IPR 2015-00855; Case IPR 2015-
00857; Case IPR 2015-00895; Case IPR 2015-00896; and Case IPR 2015-
00897;
FURTHER ORDERED that the above cases are hereby terminated as
to all parties, including Petitioner and Patent Owner; and
FURTHER ORDERED that the parties’ joint requests that the
settlement agreement be treated as business confidential information, kept
separate from the patent file, and made available only to Federal
Government agencies on written request, or to any person on a showing of
good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are
granted.

Case IPR2015-00828 Case 2015-00834 Case 2015-00857
Case IPR2015-00829 Case 2015-00835 Case 2015-00895
Case IPR2015-00831 Case 2015-00843 Case 2015-00896
Case IPR2015-00832 Case 2015-00855 Case 2015-00897

4

PETITIONER:
Thomas W. Winland
Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP
tom.winland@finnegan.com

PATENT OWNER:
George W. Webb III
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
gwebb@azalaw.com